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STATE v. MICKELSON

No. 910455-CA.

848 P.2d 677 (1992)

STATE of Utah, Plaintiff and Appellee, v. Gordon Dee MICKELSON, Defendant and Appellant.

Court of Appeals of Utah.

December 31, 1992.

Attorney(s) appearing for the Case

Lisa J. Remal and Elizabeth Holbrook (argued), Salt Lake Legal Defender Ass'n, Salt Lake City, for defendant and appellant.

R. Paul Van Dam, Atty. Gen., and Kris C. Leonard (argued), Asst. Atty. Gen., Salt Lake City, for plaintiff and appellee.

Before GARFF, JACKSON and ORME, JJ.

OPINION

ORME, Judge:

Appellant assails his conviction for forcible sexual abuse, a second degree felony in violation of Utah Code Ann. § 76-5-404 (1990), on two grounds. First, he claims the trial court improperly characterized statements made by the victim as "excited utterances," admissible under Utah Rule of Evidence 803(2). Second, he challenges the trial court's refusal to order the prosecution to disclose to the defense any criminal records of...

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